Vekneshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Vekneshwaran ... Petitioner/Accused No.1 Vs State through, The Inspector of Police, Kadaladi Police Station, Ramanathapuram District Crime No.44 of 2020. ... Respondent/Complainant For Petitioner : Mr.A.R.Gopalakrishna, Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no. 44 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A1 herein was arrested and remanded to judicial custody on 25.04.2020, for the offence under Sections 8(C) read with 20(b)(ii)(c) and 25 of NDPS Act, in Crime No.44 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 14.03.2020 at about 06.00 a.m based on secret information, the respondent and his team went to the petitioners' house. On seeing the Police party, the petitioners have escaped from the house and thereafter, when A3 has also tried to escape from the petitioners' house along with contraband, the respondent police has arrested A3 and he was in possession of 37 kgs of Ganja. Based on the confession of A3, the petitioners have been arrested by the respondent Police. After completing all the formalities and taking the statement of the third accused, he was brought to the Station and Crime No.44 of 2020 was registered for the offences under Sections 8(C) read with 20(b) (ii)(c) and 25 of NDPS Act.

1/3

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police.

4.The learned counsel appearing for the petitioner submitted that only based on the confession of A3, the petitioner has been implicated in this case. He further submitted that the entire contraband of 3 kgs of Ganja have been seized only from A3. He further submitted that A3 had been granted statutory bail. He further submitted that totally there are eight accused in this case and except this petitioner, all other accused are in prison. He further submitted that the investigation has been completed and charge sheet has been filed and the same has been taken on file in C.C.No.69 of 2020 by the Special Judge, Pudukottai. He further submitted that totally there are 14 witnesses, of which, L.W.6 to L.W.14 are official witnesses and investigation officers.

He further submitted that it would suffice, if a direction to be issued to the trial Court to complete the trial within a stipulated period. 5.Considering the submission made by the learned counsel appearing for the petitioner, the trial Court is directed to conduct the trial in C.C.No.69 of 2020 on day to day basis and complete the same within period of four months from the date of receipt of a copy of this order.

6.In view of the above direction, this criminal original petition stands disposed of.

sd/- 26/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDGE, PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKKOTTAI 2 .THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2/3

3.THE INSPECTOR OF POLICE, KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2703 of 2021 Date :26/02/2021 vsg PK/SMA/SAR-III/03.03.2021 : 3P/5C 3/3